Trump Colorado Case: What Is The 14th Amendment And How Has It Historically Been Used?

The video discusses the implications of the 14th Amendment in barring former President Donald Trump and others from holding office, based on actions related to insurrection or rebellion.

Summary

  • The 14th Amendment was originally designed to prevent former Confederates from holding office after the Civil War.
  • Congress can remove disqualification by a two-thirds vote, as done with general amnesty bills in the 19th century.
  • Recent applications focus on the January 6 Capitol riot, with cases against various politicians.
  • Some cases were dismissed or deemed not ripe, while others led to disqualification, like in New Mexico and the recent Colorado Supreme Court ruling.

Chapter 1

Introduction to the 14th Amendment Discussion

0:00 - 17 sec

The video begins with the introduction of law professor Stan Brand who will discuss the 14th Amendment and its implications for election ballots.

The video begins with the introduction of law professor Stan Brand who will discuss the 14th Amendment and its implications for election ballots.

  • Stan Brand is introduced as a law professor and former general counsel to the US House of Representatives.
  • The topic is set to explore the Colorado Supreme Court's ruling on the 14th Amendment and its impact on the 2024 primary ballot.

Chapter 2

Historical Context of the 14th Amendment

0:17 - 45 sec

The 14th Amendment was passed post-Civil War to prohibit former Confederates from holding office, with the possibility of Congress lifting the ban.

The 14th Amendment was passed post-Civil War to prohibit former Confederates from holding office, with the possibility of Congress lifting the ban.

  • The amendment aimed to prevent individuals who engaged in rebellion or insurrection and had sworn an oath to the U.S. from holding office.
  • Congress passed amnesty bills in the late 19th century to allow former Confederates to seek office again.
  • The amendment has seen little application since the post-Civil War era until recent events.

Chapter 3

Modern Application of the 14th Amendment

1:02 - 1 min, 15 sec

Recent cases involving the 14th Amendment are discussed, including actions against politicians in relation to the January 6 Capitol riot.

Recent cases involving the 14th Amendment are discussed, including actions against politicians in relation to the January 6 Capitol riot.

  • Cases have emerged against politicians like Representative Cawthorn and Marjorie Taylor Greene but were resolved differently.
  • An amnesty act from 1872 was determined to be prospective, not applicable to Cawthorn.
  • In Georgia, an administrative law judge ruled that Marjorie Taylor Greene's actions on January 6 did not constitute insurrection.

Chapter 4

Disqualifications and Pending Cases

2:17 - 54 sec

The video discusses a New Mexico case where a county commissioner was barred from running for office and mentions other pending cases across states.

The video discusses a New Mexico case where a county commissioner was barred from running for office and mentions other pending cases across states.

  • A New Mexico county commissioner was disqualified from running for office due to involvement in the January 6 events.
  • Other cases in various states have been dismissed or are not yet decided, highlighting the ongoing legal challenges.

Chapter 5

Colorado Supreme Court Ruling and Nationwide Cases

3:11 - 19 sec

The Colorado Supreme Court's ruling against former President Trump's 2024 primary ballot appearance is discussed, along with similar cases nationwide.

The Colorado Supreme Court's ruling against former President Trump's 2024 primary ballot appearance is discussed, along with similar cases nationwide.

  • The Colorado case is the first instance where a state's highest court ruled on the applicability of the 14th Amendment in this context.
  • There are other cases in different states that have not been finally decided, indicating a broader impact of the amendment on contemporary politics.

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